8 results for 'cat:"Social Security" AND cat:"Tort"'.
J. Fisher finds that a police officer was properly denied accidental disability retirement benefits for a shoulder injury that occurred while responding to a medical emergency because the injury occurred in the course of the officer's routine employment duties and constituted a risk of the job. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: March 21, 2024, Case #: CV-23-0234, Categories: social Security, tort
J. Garry finds that a police officer was properly denied accidental disability retirement benefits for a knee injury sustained when he fell while dismounting a bike to chase a suspect during a training exercise because the injury occurred during routine training included in regular job duties and thus did not constitute an accident. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: March 21, 2024, Case #: CV-23-1359, Categories: Employment, social Security, tort
J. Powers finds that a police officer was properly denied accidental disability retirement benefits by the state when she was injured while carrying a flagpole in a ceremonial detail. The incident did not constitute an accident since the officer recognized that she would have to maneuver the flagpole through doorways during the indoor ceremony, and thus striking a door as occurred was not unexpected. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 15, 2024, Case #: CV-23-0233, Categories: Employment, social Security, tort
J. Mackey finds that a police officer was properly denied accidental disability retirement benefits after he injured his back while moving boxes of road flares because receiving and organizing flare deliveries fell under the officer's facilities duties and thus did not constitute an accident under social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 15, 2024, Case #: CV-23-0765, Categories: Employment, social Security, tort
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J. Ceresia finds that a police officer was properly denied accidental disability retirement benefits in claims contending on-the-job injuries left her permanently incapacitated because slip-and-fall incidents did not constitute "accidents" within the meaning of retirement and social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 5, 2023, Case #: 535215, Categories: social Security, tort
J. McShan finds that a police officer was properly denied performance of duty and accidental disability retirement benefits by the state. The officer failed to provide required written notice to his employer within 90 days of either of two claimed incidents, one for post-traumatic stress after coming into physical contact with a decomposing body and the other for jumping over a wall in a foot pursuit and falling 10 feet on the other side. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: August 3, 2023, Case #: 534978, Categories: social Security, tort
J. Lynch finds that a police officer was properly denied accidental disability retirement benefits by the state. While an on-duty car collision qualified as an “accident” resulting in injury, it was not the proximate cause of the officer’s claimed permanent disability, which medical experts linked instead to complications from a later slip-and-fall mishap during a burglary investigation. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: August 3, 2023, Case #: 535812, Categories: social Security, tort